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Precedential No. 52: TTAB Affirms 2(a) Disparagement Refusal of "HEEB" for Clothing and Entertainment Services

Despite Applicant's claim that the Jewish community neither objects to nor views Applicant's use of the mark HEEB as disparaging, the Board affirmed a Section 2(a) refusal of the mark for clothing and entertainment services. The Board noted that there are differing views on the question, but found that a substantial composite of the Jewish community would view the term as disparaging. In re Heeb Media, LLC, Serial No. 78558043 (November 26, 2008) [not precedential].Applicant Heeb Media, LLC argued that Examining Attorney Allison Schrody "ignored the context and manner in which applicant?s mark is used when determining whether the likely meaning of applicant?s mark is disparaging to the Jewish community." It contended that "many of this country?s most established Jewish philanthropies and cultural organizations have openly and actively supported Applicant?s magazine and events through their continued funding and sponsorship...continue to full post

Full post as published by The TTABlog on December 16, 2008 (boomark / email).